[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR270.72]



[Page 374-376]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 270_EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT 

PROGRAM--Table of Contents

 

                        Subpart G_Interim Status

 

Sec.  270.72  Changes during interim status.



    (a) Except as provided in paragraph (b), the owner or operator of an 

interim status facility may make the following changes at the facility:

    (1) Treatment, storage, or disposal of new hazardous wastes not 

previously identified in part A of the permit application (and, in the 

case of newly listed or identified wastes, addition of the units being 

used to treat, store, or dispose of the hazardous wastes on the 

effective date of the listing or identification) if the owner or 

operator submits a revised part A permit application prior to such 

treatment, storage, or disposal;

    (2) Increases in the design capacity of processes used at the 

facility if the owner or operator submits a revised part A permit 

application prior to such a change (along with a justification 

explaining the need for the change) and the Director approves the 

changes because:

    (i) There is a lack of available treatment, storage, or disposal 

capacity at other hazardous waste management facilities, or

    (ii) The change is necessary to comply with a Federal, State, or 

local requirement.

    (3) Changes in the processes for the treatment, storage, or disposal 

of hazardous waste or addition of processes if the owner or operator 

submits a revised part A permit application prior to such change (along 

with a justification explaining the need for the change) and the 

Director approves the change because:



[[Page 375]]



    (i) The change is necessary to prevent a threat to human health and 

the environment because of an emergency situation, or

    (ii) The change is necessary to comply with a Federal, State, or 

local requirement.

    (4) Changes in the ownership or operational control of a facility if 

the new owner or operator submits a revised part A permit application no 

later than 90 days prior to the scheduled change. When a transfer of 

operational control of a facility occurs, the old owner or operator 

shall comply with the requirements of 40 CFR part 265, subpart H 

(Financial Requirements), until the new owner or operator has 

demonstrated to the Director that he is complying with the requirements 

of that subpart. The new owner or operator must demonstrate compliance 

with subpart H requirements within six months of the date of the change 

in ownership or operational control of the facility. Upon demonstration 

to the Director by the new owner or operator of compliance with subpart 

H, the Director shall notify the old owner or operator in writing that 

he no longer needs to comply with subpart H as of the date of 

demonstration. All other interim status duties are transferred effective 

immediately upon the date of the change in ownership or operational 

control of the facility.

    (5) Changes made in accordance with an interim status corrective 

action order issued by EPA under section 3008(h) or other Federal 

authority, by an authorized State under comparable State authority, or 

by a court in a judicial action brought by EPA or by an authorized 

State. Changes under this paragraph are limited to the treatment, 

storage, or disposal of solid waste from releases that originate within 

the boundary of the facility.

    (6) Addition of newly regulated units for the treatment, storage, or 

disposal of hazardous waste if the owner or operator submits a revised 

part A permit application on or before the date on which the unit 

becomes subject to the new requirements.

    (b) Except as specifically allowed under this paragraph, changes 

listed under paragraph (a) of this section may not be made if they 

amount to reconstruction of the hazardous waste management facility. 

Reconstruction occurs when the capital investment in the changes to the 

facility exceeds 50 percent of the capital cost of a comparable entirely 

new hazardous waste management facility. If all other requirements are 

met, the following changes may be made even if they amount to a 

reconstruction:

    (1) Changes made solely for the purposes of complying with the 

requirements of 40 CFR 265.193 for tanks and ancillary equipment.

    (2) If necessary to comply with Federal, State, or local 

requirements, changes to an existing unit, changes solely involving 

tanks or containers, or addition of replacement surface inpoundments 

that satisfy the standards of section 3004(o).

    (3) Changes that are necessary to allow owners or operators to 

continue handling newly listed or identified hazardous wastes that have 

been treated, stored, or disposed of at the facility prior to the 

effective date of the rule establishing the new listing or 

identification.

    (4) Changes during closure of a facility or of a unit within a 

facility made in accordance with an approved closure plan.

    (5) Changes necessary to comply with an interim status corrective 

action order issued by EPA under section 3008(h) or other Federal 

authority, by an authorized State under comparable State authority, or 

by a court in a judicial proceeding brought by EPA or an authorized 

State, provided that such changes are limited to the treatment, storage, 

or disposal of solid waste from releases that originate within the 

boundary of the facility.

    (6) Changes to treat or store, in tanks, containers, or containment 

buildings, hazardous wastes subject to land disposal restrictions 

imposed by part 268 of this chapter or RCRA section 3004, provided that 

such changes are made solely for the purpose of complying with part 268 

of this chapter or RCRA section 3004.

    (7) Addition of newly regulated units under paragraph (a)(6) of this 

section.



[[Page 376]]



    (8) Changes necessary to comply with standards under 40 CFR part 63, 

Subpart EEE--National Emission Standards for Hazardous Air Pollutants 

From Hazardous Waste Combustors.



[54 FR 9608, Mar. 7, 1989, as amended at 56 FR 7239, Feb. 21, 1991; 57 

FR 37282, Aug. 18, 1992; 63 FR 33829, June 19, 1998]